Does a judge have to say the following in order to give an oral judgment?

British Columbia, Canada


The following excerpt is from Dhaliwal v. Beloud, 2001 BCSC 1830 (CanLII):

THE COURT: (Oral) Until recently, it’s been the accepted wisdom, at least in this province, that a judge did not have to say the following in order to have a legal right to do it. In other words, even if the judge didn’t say anything, when the judge gave an oral judgment, upon being presented with a draft transcript of the judgment, he or she had the right to change, alter, add to, or delete from the reasons as the judge saw fit, save and except that the result had to remain the same. Recently, at least in Ontario, there appears to be a change. What goes on in Ontario is not binding on any judge in this province; however, it’s of persuasive effect. The case I’m referring to is Regina v. Hanaman (2001), O.J. No. 839, (March 12, 2001). The short point is, at least according to that bit of case law, the presumption ought to be reversed. At paragraph 160 of the judgment, the judge there, Mr. Justice Hill of the Ontario Superior Court of Justice, states, in effect, that absent the judge making the kind of remark I’m about to make, he does not have the right to change, alter, add to, or delete from the reasons as he sees fit. Therefore, in order to make sure of what used to be taken as obvious, I state for the record that I do reserve the right to change, alter, add to, or delete from these reasons upon being presented with a draft transcript. The result will remain the same.

Other Questions


Does the statute requiring a judge to hear an application for a stay of an order made by the judge who made the order? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
Can a judge set aside an order of the judge ordering that damages be awarded in a personal injury case? (British Columbia, Canada)
What is the scope of a trial judge's discretion to vary an order following a Reasons for Judgment? (British Columbia, Canada)
Is an order from an application to re-open and re-consider a decision, where the order from the first judgment had been entered, a matter of practice and procedure? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
Does a judge have jurisdiction to enter an entered order on an order for sale of a property made at trial? (British Columbia, Canada)
What is the test for a judge to depart from the judgment of another judge of the same court? (British Columbia, Canada)
In what circumstances will a judge order that a judgment against three individuals be paid in instalments? (British Columbia, Canada)
What is the test for a judge to depart from another judge's judgment? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.